Application for approval of the Capral Limited Bremer Park Maintenance Employees Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Capral Limited Bremer Park Maintenance Employees Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capral Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] I sought submissions from the bargaining representatives on whether the workplace delegates' rights clause in the Agreement was more beneficial than clause 40A in the Manufacturing and Associated Industries and Occupations Award 2020. The Applicant submitted that the Agreement term is more beneficial. The other bargaining representatives did not provide a submission. Considered holistically, I am satisfied that the term in the Agreement is more beneficial than the term in the Award.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 48 - Compassionate leave

• Clause 21 - Abandonment of employment

• Clause 44(b) - Public holidays

• Clause 59(b)(vi) - Redundancy - illness

• Clause 59(d) - Redundancy - alternative employment

[5] Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) both lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the CEPU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 October 2028.

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